Jury awards $15,000 to Wakeelah Cocroft, who sued Worcester police officer for false arrest and assault



 By John F. Hill |

A federal jury in Worcester on Friday awarded $15,000 to a woman who claimed a Worcester police officer threw her to the ground and held her down during a traffic stop.
The jury found that Worcester police officer Jeremy Smith violated the Massachusetts Civil Rights Act and the Fourth Amendment rights of Wakeelah Cocroft during the 2008 incident, according to the ACLU of Massachusetts, which helped try the lawsuit.
According to court documents, a car driven by Cocroft's sister, Clytheia Mwangi of Worcester, was pulled over for speeding around 7 a.m. Dec. 28, 2008, on Park Avenue. Cocroft testified that Smith approached the car aggressively, screaming at the driver.
As Smith was writing a ticket, Cocroft left the vehicle to pay for gas, then returned to the car to use the pump. Smith yelled at her for leaving the car after he had told the women to stay inside while he returned to his patrol car.
Cocroft said she thought Smith had been talking only to her sister. The officer told her not to say another word. Corcroft objected, telling the officer not to speak to her in such an aggressive manner.
As Cocroft tried to get back into the car, Smith approached from behind, grabbed her shoulders and threw her to the ground to arrest her, according to court documents. Smith, who weighed about 215 pounds, put his knee on Cocroft's back and held her down for several minutes until another officer arrived.
The jury found that Smith's actions violated Cocroft's rights by arresting her without probable cause.
"Today's ruling should spur much-needed reform in the Worcester Police Department," said one of Cocroft's attorneys, Beverly Chorbajian, in a statement put out by the ACLU. "The jury's message is loud and clear, and we hope it is received."
Worcester Police Chief Gary J. Gemme released a statement Friday afternoon, noting that the jury found in Smith's favor on three counts. His statement, in full:
"The jury in the Wakeelah Cocroft v. Jeremy Smith case found for Officer Jeremy Smith on three significant counts -he did not use excessive force in the arrest, violate the plaintiff's First Amendment rights, or commit an assault and battery. These are important findings that reinforce our belief that Officer Smith acted appropriately and professionally in exercising his police powers.
We believe there are legal grounds to challenge the verdict with regard
to the one finding for the plaintiff and the $15,000 award.
Our belief is that Officer Smith lawfully seized the plaintiff and as a
result we plan to appeal this one finding to the federal district

court."